Chermside In-N-Out Aussie Burger in Possible Trademark Battle with US Chain

A Chermside food company that registered the name In-N-Out Aussie Burgers in Australia might trigger a trademark battle with the popular American burger chain with the same name. 

Rich Asians Pty Ltd, with a registered business address on Gympie Road, Chermside, filed the business registration for In-N-Out Aussie Burgers in February 2021. However, the company also owns a number of food businesses ranging from doughnuts, fried chicken and seafood, and it is managed by Puneet Ahori, a businessman from India. 

The company operates the fast-food burger eatery via Uber Eats, offering a menu similar to the American version — burgers, onion rings, thickshakes and fries. Its physical store is next to Noddle Box and Aussie Hunger in Chermside. 

Photo Credit: Google Maps

However, it’s not in any way connected to the American food chain per trademark expert and lawyer Nicole Murdoch. 

Ms Murdoch predicts that In-N-Out Aussie Burgers and its owners might be embroiled in a legal battle over the name even as the U.S. burger chain, which was founded in 1948 and has over 350 outlets, still does not have a shop in Australia. 

In 2019, In-N-Out U.S. established several successful pop-ups across Australia, attracting long lines from curious local foodies, to make its presence known. Ms Murdoch said the pop-ups may have also been set up to inform the market that its brand name was protected. 

The lawyer said that since “burger” is the face of the multi-million dollar American chain, it will do everything to protect its valuable brand.